Spousal support, more commonly known as alimony, refers to money one spouse pays to the other during or after a divorce. It is often one of the biggest points of contention in divorce proceedings. The purpose of alimony is to relieve the financial burden the divorce may have on one spouse over the other. The amount of alimony or spousal support and which party it is paid to is largely based on income.
The different types of alimony can be categorized into 5 basic types:
When a spouse is ordered to pay permanent spousal support, it continues until the death of the payor, the death of the payee, or the remarriage of the payee. In some cases, the alimony can continue after the death of the payor, usually in the form of a life insurance policy. Despite the name, permanent alimony can be adjusted based on changes that affect the financial situation of either party.
After a couple separates there is a period of time, often a year or more, before the divorce is finalized. During that time the court may order one spouse to pay temporary spousal support to the other to ease the financial burden during the separation period before the divorce. Temporary alimony may become permanent through the divorce agreement.
“Alimony gross” as it is called, refers to a fixed amount of spousal support that is paid in either one lump sum or installments. The advantage of lump sum alimony is that it allows both parties to sever all connections more quickly and completely. However, the disadvantage to the payee is that this lump sum can never be adjusted. Once it is paid, that is all one spouse can ever be awarded in the divorce.
Often the reason alimony is paid to one spouse is because they lack a sufficient source of income and have no skills or education that would allow them to earn one. Rehabilitative spousal support is paid temporarily to allow the other party to obtain education or training that would help them to become financially independent. In some cases, it is paid to one spouse so that they are able to stay home with young children until they reach school age and the parent can begin working again.
This type of spousal support is awarded to a spouse that requests reimbursement for expenses the other spouse incurred during the marriage. An example would be if one spouse worked in order to support the other spouse through school, they are entitled to be reimbursed for their financial contribution.
The determination of spousal support and who pays what to whom is decided by the court unless both spouses can come to an agreement. Factors that will affect alimony are the length of the marriage and the earning ability and income of each spouse.
Having an experienced divorce attorney can help you get the spousal support you deserve or avoid paying an unfair amount. If you or a loved one needs assistance navigating the complicated issues surrounding a divorce, contact the Law Office of Andrea M. Kolski in The Woodlands, Texas, at (832) 381-3430.